Explanation
BACKGROUND: This ordinance enacts new Columbus City Code Chapter 922, titled "Temporary Commercial Zone Permit." This chapter creates a new permit that will allow for commercial activity, including mobile food vending, to be conducted in one or more parking locations in the public right of way while maintaining vehicular traffic access on the street, road or alley.
In November 2012, City Council was approached about developing regulations for food trucks and other mobile food vendors. The specific request was to permit mobile food vendors to operate in and sell from the public right of way. On April 7, 2014 City Council passed ordinance 0773-2014 to amend Chapter 573 to establish comprehensive regulations for the operation of mobile food vendors on private property and in the public right of way. This ordinance is a companion piece to ordinance 0773-2014.
Chapter 922 will permit commercial vendors, including mobile food vendors, to apply for a permit to allow them to occupy one or more parking spaces in the public right of way. The permit would close the parking space(s) to be used by the mobile food vendor(s), but would not close the street itself and still allow for vehicular traffic. The applicant will have to submit a petition bearing the signatures of eighty (80) percent of the property owners or tenants, or building managers whose property adjoins the side(s) of the public street affected by the permit. Chapter 922 addresses two issues that were raised by stakeholders during the process of developing mobile food vendor regulations. The first relates to parking in the right of way in "non-commercial zones" and the second relates to parking in the right of way without requiring a full street closure.
Non-Commercial Zones:
· Chapter 573 divided the city into three different parking zones: congestion, commercial and non-commercial. Each zone has specific regulations for how mobile food vendors may park and operate in the public right-of-way. In non-commercial zones, like residential neighborhoods, mobile food vendors are largely prohibited from operating in the public right of way. However, many food trucks, trailers and carts provide catering services that require them to operate in the non-commercial zones. Chapter 922 helps addressed the problem of a mobile food vendor that is hired to operate in a non-commercial zone, where parking on private property is unavailable. This could be, for example, a resident wanting to hire a food truck to cater a party or event at their home. Chapter 922 would allow the mobile food vendor to apply for a temporary commercial zone permit to allow them to temporarily park in the right of way in front of the home.
Parking Space Closures v. Street Closures:
· The temporary commercial zone permit can also be used outside of non-commercial zones. During the process, stakeholders expressed interest in devising a way to enable mobile food vendors to operate in the public right-of-way on a temporary basis without having to close down the street and disrupt vehicular traffic. This permit would allow, for example, a food truck to reserve a parking space outside a bar establishment that has arranged for the food truck to sell food to their patrons. It could also allow a neighborhood group or area organization to host food trucks on the street without shutting down traffic. The permit could also be used to close down parking spaces on streets and thoroughfares (like Front Street or High Street) that are not easily closed for block parties.
FISCAL IMPACT: None
Title
To amend Title 9 of the Columbus City Code by enacting new Chapter 922, titled "Temporary Commercial Zone Permit," to create a new permit that will allow for commercial activity, including mobile food vending, to be conducted in one or more parking locations in the public right of way while maintaining vehicular traffic access on the street, road or alley.
Body
WHEREAS, there is a need to establish a chapter in the Columbus City Code for the purpose of creating a new permit that allows for commercial activity, including mobile food vending, to be conducted in one or more parking locations in the public right of way without closing the street to vehicular traffic; and
WHEREAS, this code complements the recently enacted mobile food vending regulations, responds to needs and concerns expressed by mobile food vending stakeholders, and further supports the growth of a new industry and the vibrancy of the city; and
WHEREAS, this ordinance establishes language and authorizes the enactment of Chapter 922 of the Columbus City Code for the above-described purpose; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Columbus City Code Chapter 922, titled "Temporary Commercial Zone Permit," be and hereby is enacted as follows:
Chapter 922: Temporary Commercial Zone Permit
Sections:
922.01 Definitions.
922.02 Authority.
922.03 Temporary commercial zone parking closures.
922.04 Indemnification and hold harmless agreement.
922.99 Violations-Penalties.
922.01 Definitions.
(A) "Temporary commercial zone" means the closing of one (1) or more parking locations in the public right of way between one (1) or more intersections, while maintaining vehicular traffic access on the street, road, or alley, for the purpose of conducting commercial activity, including mobile food vending.
(B) "Commercial activity" means the ordinary activities of trade and commerce where the profit motive is the primary purpose of the temporary commercial zone. This terminology does not apply to sales of materials which are intended to convey information and ideas, or which espouse causes or beliefs protected by the First Amendment of the U.S. Constitution, whether in the form of books, pamphlets, buttons, bumper stickers or t-shirts.
922.02 Authority.
(A) The director of public service shall promulgate reasonable rules and regulations to carry out the provisions of this chapter. The authority granted to the director to promulgate such rules and regulations shall include the authority to establish permit fees.
(B) The director of the public service department, the director of the department of public safety, the director of the department of development, the health commissioner, and their designees shall have the authority to enforce this chapter of code.
922.03 Temporary commercial zone parking closures.
(A) No person shall use any public right of way to establish a temporary commercial zone, as defined in Section 922.01, without first obtaining a temporary commercial zone permit.
(B) In an area zoned residential, no temporary commercial zone permit shall be effective for more than one (1) day without approval from the director of public service.
(C) In areas not zoned residential, no temporary commercial zone permit shall be effective for more than three (3) consecutive days without approval from the director of public service.
(D) The department of public service shall issue a temporary commercial zone permit if the following requirements are met:
(1) The applicant has met the requirements of the temporary commercial zone application and paid the required fees;
(2) The applicant has submitted a petition bearing the signatures of eighty (80) percent of the property owners or tenants, or building managers whose property adjoins the side(s) of the public street affected by the permit. A petition with less than the required signatures may be accepted provided the applicant has demonstrated a good faith effort in attempting to contact the property owners or tenants or building managers who did not sign the petition;
(3) The applicant has executed the indemnity agreement required under Section 922.04;
(4) The applicant has presented proof of current and valid permits or licenses otherwise required for the type of commercial activity proposed to be conducted in the public right of way;
(5) The applicant has agreed to otherwise abide by the relevant rules and regulations regarding such commercial activity;
(6) The applicant is not delinquent on any taxes or other obligations to the city or county; and
(7) The department of public service has made a determination that the public health, safety or welfare will not be negatively impacted upon the granting or renewal of such a permit.
922.04 Indemnification and hold harmless agreement.
The applicant shall agree in writing to hold the city of Columbus, its employees, agents, servants, boards and commissions harmless from liability arising from the issuance of the temporary commercial zone permit and from the conduct of the participants or customers of the temporary commercial zone.
The applicant shall agree in writing to indemnify the city of Columbus, its employees, agents, servants, boards and commissions against all claims of injury or damage to persons or property caused by the negligent acts of the applicant.
922.99 Violations-Penalties.
Whoever violates any provision of this chapter shall be deemed guilty of a first degree misdemeanor and fined not exceeding one thousand ($1,000) dollars, or imprisoned for not more than six (6) months, or both. Any such violation shall constitute a separate offense on each successive day continued.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.